Family Law Hub

E (BIIa: Recognition And Enforcement) [2020] EWCA Civ 1030

An appeal concerning the extent of the obligation upon the court in England and Wales to enforce a foreign order in relation to children. The two children, a girl aged 16 and a boy aged 13, had lived in England and Wales for most of their lives and had been habitually resident here for at least six years. The judgment under appeal concerned applications by their father to enforce orders of the Spanish court granting him custody, and an application by the mother, made when the English court had jurisdiction, for an order that the children would live with her. The English court had refused recognition of the Spanish orders on the basis that they were irreconcilable with its own order for the children to live with their mother. In the view of Peter Jackson LJ, the judge had been right to find that she had the power to make welfare orders on the basis that the children were habitually resident in England and Wales and that the Spanish court was no longer seised. She was also right to not accept the father's argument that the recognition and enforcement proceedings should take priority. He expressed some reservations about her approach to the welfare assessment, but was not persuaded that her ultimate decision was wrong, and any procedural irregularity, whether or not it was described as serious, had not led to injustice. Moylan and Phillips LJJ agreed. The appeal was dismissed.

Judgment, published: 22/01/2021

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Published: 22/01/2021

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